Dismissed

M/s.Surya Gangadhara Boiled and Raw Rice Mill, v. The Andhra Bank

Telangana HC15 Jul 2013WP/17674/2013

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging an auction notice issued by a bank. The Court refused to intervene as the petitioner failed to deposit the required sum under the conditional interim stay order granted earlier.

What did the court decide?

Petitioner at liberty to work out remedies in appropriate forum; miscellaneous applications dismissed.

M/s.Surya Gangadhara Boiled and Raw Rice Mill, Vs… — Execution and Attachment | Telangana HC (2013)

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THE HON’BLE SRI JUSTICE N.V. RAMANA AND

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THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR

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Writ Petition No. 17674 of 2013

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DATED:15-07-2013

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Between:

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M/s. Surya Gangadhara Boiled & Raw Rice Mill, Balabhadrapuram, Bikkavolu Mandal, East Godavari District, rep., by its Managing Partner, Mullapudi Srinivas, S/o. Subrahmanya Chowdary, aged about 47years, R/o. H.No. 75-7-28, Prakash Nagar, Rajahmundry, East Godavari District

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… Petitioner

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And

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The Andhra Bank, Rayavaram Branch, East Godavari District, rep., by its Assistant General Manager-cum-Authorised Officer and another

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… Respondent

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THE HON’BLE SRI JUSTICE N.V. RAMANA AND

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THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR

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Writ Petition No. 17674 of 2013

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ORDER: (per the Hon’ble Sri Justice N.V. Ramana)

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This writ petition is filed seeking a writ of mandamus to declare the auction notice dated 18-05-2013 issued by the respondent-Bank for sale of the properties of the petitioner-rice mill as arbitrary and illegal.

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On 21-06-2013, when the matter came up for consideration, this Court while admitting the writ petition passed the following interim order:

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“It is stated by learned counsel for the petitioner that the petitioner is willing to pay an amount of Rs.1.5 crores immediately and the balance amount within a short span of time. Heard the learned counsel for the respondent bank.

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Learned counsel for the respondent-bank stated that already auction notice is issued. But inasmuch as the petitioner is willing to pay an amount of Rs.1.5 crores immediately and the balance amount within short span of time, there shall be interim stay of proceedings, pursuant to the auction notice issued by the respondent–bank subject to the petitioner depositing a sum of Rs.1.5 crores immediately and the balance amount within a period of two weeks, including the paper advertisement charges of Rs.1,59,000/- to the respondent-bank, in default the stay shall stand vacated. Post after three weeks”.

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Learned counsel for the petitioner now states that the petitioner could not comply with above interim order dated

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21-06-2013 passed by this Court.

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In view of the fact that the petitioner has not complied with the conditional interim order passed by this Court, we see no reason to

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entertain the writ petition and set aside the auction notice dated 18-052013 issued by the respondent-Bank. However, the petitioner is at liberty to work out its remedies in appropriate forum, as per law.

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The writ petition is accordingly dismissed. Miscellaneous applications, if any, pending shall also stand dismissed. No order as to costs.

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N.V. RAMANA, J

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VILAS V. AFZULPURKAR, J

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15^th July, 2013 ks

M/s.Surya Gangadhara Boiled and Raw Rice Mill, v. The Andhra Bank

Case brief

What is this about?

What did the court decide?

M/s.Surya Gangadhara Boiled and Raw Rice Mill, v. The Andhra Bank

Case brief

What is this about?

What did the court decide?

What the court decided

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